Apple Faces Class Action Lawsuit Over Unresponsive iPhone 6 Touchscreens

Thomas Davidson of Pennsylvania, Todd Cleary of California, and Jun Bai of Delaware have filed a class action lawsuit against Apple over an alleged defect that causes iPhone 6 and iPhone 6 Plus touchscreens to become unresponsive and fail, according to court documents filed electronically this week.

The class action complaint, filed with the U.S. District Court for Northern California, accuses Apple of violating California's consumer fraud statutes, through fraud, negligent misrepresentation, breach of implied warranty, unjust enrichment, and for violations of the Magnuson-Moss Warranty Act and Song-Beverly Consumer Warranty Act.

Apple has long been aware of the defective iPhones. Yet, notwithstanding its longstanding knowledge of this design defect, Apple routinely has refused to repair the iPhones without charge when the defect manifests. Many other iPhone owners have communicated with Apple's employees and agents to request that Apple remedy and/or address the Touchscreen Defect and/or resultant damage at no expense. Apple has failed and/or refused to do so.

As a result of Apple’s unfair, deceptive and/or fraudulent business practices, owners of the iPhones, including Plaintiffs, have suffered an ascertainable loss of money and/or property and/or value. The unfair and deceptive trade practices committed by Apple were conducted in a manner giving rise to substantial aggravating circumstances.

The complaint, lodged by California law firm McCuneWright, LLP, seeks an order that requires Apple to repair, recall, and/or replace affected iPhones and to extend the warranties of those devices for a reasonable period of time. The plaintiffs also seek unspecified damages. A jury trial has been demanded.

The lawsuit cites repair website iFixit, which last week shared a blog post and video about the defect, nicknamed "touch disease." The defect presents as a gray flickering bar at the top of the screen and a display that's unresponsive or less responsive to touch. The problem is said to be caused by the touchscreen controller chips soldered to the iPhone's logic board losing contact after a period of normal usage.


The complaint specifically claims that Apple's failure to incorporate a "metal shield" or "underfill" over the logic board, as it did with the iPhone 5s and iPhone 5c respectively, makes the iPhone 6 and 6 Plus "substantially less durable to foreseeable and reasonable use by consumers and ultimately causes the touchscreen defect."

iPhone-5s-metal-shield
iFixit said the defect has affected a growing number of iPhone 6 and iPhone 6 Plus owners, citing its own repair shop colleagues and dozens of complaints on the Apple Support Communities. Multiple customers who brought their iPhones to Apple Stores were told that Apple doesn't recognize it as an issue and nothing could be done as their iPhones were no longer covered by warranty.

Update: Those that wish to join the class action lawsuit can contact law firm McCuneWright LLP here.

Tag: lawsuit

Top Rated Comments

(View all)
Avatar
53 months ago
"Apple doesn't recognize it as an issue". Now it will recognize for sure
Score: 16 Votes (Like | Disagree)
Avatar
53 months ago
Once again Apple must be forced into doing the right thing by its customers and cover this manufacturing/design defect for longer than the original stated warranty. It doesn't have to be this way Apple.
Score: 16 Votes (Like | Disagree)
Avatar
53 months ago

Yes lets join in, pad the pockets of the lawyers, and get nothing ourselves.

I am sure there are plenty of people who Apple has helped, but we won't hear about it. It's nothing about media. In tech, compliments are rare, but when people feel shorted our culture appears to reward more for complaining.

Not defending Apple, but I am not sure what people are expecting on a failure that happens outside of Warranty. Granted, it would be poor for Apple to expect customers to foot the bill for such an expensive phone that isn't even 2 years old yet. Perhaps the iPhone 7 will have a 2 year base warranty?

We can only hope.

It's escalating quickly. In less than a week we've gone from #8 to #12. For those who are experiencing the problem hang in there... Apple should be admitting to it (#13) and offering a solution soon.


Here's the typical cycle for problems reported on Apple products:
1. A few members post reports of the problem, report it to Apple
2. No response from Apple
3. Increased number of people report the issue
4. No response from Apple
5. Apple apologists dismiss the reports as very rare, the result of trolling, or exaggeration by drama queens
6. Even more reports of the problem
7. No response from Apple
8. News of the problem hits blogs
9. Apple apologists dismiss the blogs as simply engaging in clickbait
10. No response from Apple
11. Those affected by the issue threaten a class-action lawsuit
12. Apple apologists decry the "sue happy" nature of American consumers
13. Apple acknowledges the legitimacy of the problem
14. Apple apologists are silent
15. Apple release an update to correct the problem
or
15a. They set up a "program" to address the problem.
16. Apple gains some positive publicity
17. Apple apologists applaud Apple for doing the "right thing". (for an issue that they said from day-1 was not actually an issue)
18. First hand experience with the “program” reveals very strict guidelines and restrictions that greatly reduce the number of affected customers that can participate in the program.
Score: 16 Votes (Like | Disagree)
Avatar
53 months ago
Good. When you spend $1000 on a phone, it should last more than 1 year and 10 months.
Score: 14 Votes (Like | Disagree)
Avatar
53 months ago
They took some engineering shortcuts here; they should make it right. And by right I don't mean a refurb replacement as those suffer the same defect.
Score: 13 Votes (Like | Disagree)
Avatar
53 months ago

Not defending Apple, but I am not sure what people are expecting on a failure that happens outside of Warranty.

People are expecting it to not fail catastrophically and irreparably after 2 years of normal use. They are expecting that it's performance would diminish gradually so they could either continue to use it for a little bit longer or sell it back for more than zero dollars to buy the latest, expensive, unsubsidized model in the wash-rinse-and-repeat cycle that keeps Apple making money.

A replacement that addressed the design issue or a trade-in credit equal to the phone's value had it NOT had the design issue would be a start.
Score: 10 Votes (Like | Disagree)

Top Stories

iOS 14 Widgets Offer iPhone Users Creative Home Screen Ideas

Sunday September 20, 2020 8:43 pm PDT by
Updated on September 22nd with hands on video. In iOS 14, Apple introduced ‌the concept of Home Screen‌ widgets, which provide information from apps at a glance. Widgets can be pinned to the Home Screen in various spots and sizes, allowing for many different layouts. Despite the relative lack of...

iPhone 12 Lineup Rumored to Be Named 'iPhone 12 mini,' 'iPhone 12,' 'iPhone 12 Pro,' and 'iPhone 12 Pro Max'

Monday September 21, 2020 5:24 am PDT by
Leaker known as "L0vetodream" has today shared the alleged naming for the upcoming iPhone 12 lineup on Twitter. The tweet proposes that the upcoming iPhone 12 models will be titled "iPhone 12 mini," "iPhone 12," "iPhone 12 Pro," and "iPhone 12 Pro Max." The names likely correspond to the three expected sizes of iPhone 12, with the 5.4-inch model being the iPhone 12 mini, the 6.7-inch model ...

PSA: New Apple Watch Owners Have to Return Entire Device for Ill-Fitting Solo Loop or Braided Solo Loop

Monday September 21, 2020 3:26 pm PDT by
With the Apple Watch Series 6, Apple introduced two new band options, the Solo Loop and the Braided Solo Loop. These new bands are unique because they have no clasps, buckles, or other fasteners, and instead use a stretch design to allow them to pull onto the wrist over the hand. Because these bands are not adjustable, Apple sells each one in nine different sizes to make sure each person...

Hands-On With iOS 14 Widgets, Custom Icons, and Home Screen Setup

Tuesday September 22, 2020 3:25 pm PDT by
Apple with iOS 14 introduced widgets on the Home Screen, leading to unprecedented levels of customization for the iPhone. Combined with Shortcuts that let you change an app's icon, iOS 14 lets you create a whole new look for your Home Screen. Subscribe to the MacRumors YouTube channel for more videos. We've been following along with some of the creative alternative Home Screen designs that M...

Apple Releases First Public Betas of iOS 14.2 and iPadOS 14.2 With New Shazam Control Center Options

Monday September 21, 2020 10:34 am PDT by
Apple today seeded the first public betas of upcoming iOS 14.2 and iPadOS 14.2 updates to its public beta testing group, a few days after seeding the first betas to developers and a little less than a week after releasing the iOS 14 and iPadOS 14 updates. Public beta testers who have signed up for Apple's beta testing program can download the iOS and iPadOS‌ 14.2 updates over the air after ...

Microsoft Announces Outlook for Mac Redesign, Improvements to iOS and watchOS Apps

Tuesday September 22, 2020 8:56 am PDT by
Microsoft has today announced plans to bring a new design to its Outlook for Mac app along with several other improvements and features for Outlook on iOS and watchOS. In preparation for the public release of macOS Big Sur, Microsoft has been testing a new design for Outlook on Mac. The design includes Microsoft's Fluent icons and several design cues from Big Sur such as rounded corners....

Kuo: Apple to Accelerate Adoption of Mini-LED Displays in iPad and Mac Notebook Lineups

Sunday September 20, 2020 10:00 pm PDT by
Increased competition among Apple's suppliers for mini-LED display chips will accelerate the company's adoption of the advanced technology in its iPad and MacBook lineups, according to a new research note from analyst Ming-Chi Kuo seen by MacRumors. Kuo says that while Epistar had been predicted to be the exclusive supplier of mini-LED chips for Apple products in 2021, Sanan Optoelectronics...

Interest in iOS 14 Home Screen Ideas Helps Pinterest Break Daily Download Record

Wednesday September 23, 2020 4:37 am PDT by
Apple's introduction of widgets on the Home Screen in iOS 14 has driven a surge in interest among users looking to customize their iPhone, and that has reportedly had a knock-on effect for Pinterest, whose iOS app has seen record downloads as users flock to its content seeking design inspiration. As reported by TechCrunch, App Store intelligence firm Apptopia was first to note the impact of ...

Apple Releases Eighth Beta of macOS Big Sur to Developers [Update: Public Beta Now Available]

Tuesday September 22, 2020 10:08 am PDT by
Apple today seeded the eighth beta of an upcoming macOS Big Sur update to developers for testing purposes, close to a week after releasing the sixth beta and more than two months after the new update was unveiled at the Worldwide Developers Conference. The macOS Big Sur beta can be downloaded through the Apple Developer Center and once the appropriate profile is installed, subsequent betas...

AT&T Already Working on 6G, Says 5G iPhones Might Not Be 'Massive Event' Due to Economic Uncertainty

Monday September 21, 2020 10:05 am PDT by
Apple's upcoming launch of 5G iPhones might not be a "massive event" due to economic uncertainty amid the global health crisis, AT&T Communications CEO Jeff McElfresh said in a paywalled interview published by CNBC. "I do believe that you will see many of the iPhone subscribers move to upgrade to the device," said McElfresh. "But I wouldn't forecast that it's going to be a massive event. I...